MICKEL v. NORTON

No. 2D10-3437.

69 So.3d 1081 (2011)

Michael J. MICKEL and Barbara J. Mickel, Appellants, v. Robert J. NORTON and Mary A. Norton, Appellees.

District Court of Appeal of Florida, Second District.

September 23, 2011.


Attorney(s) appearing for the Case

Mark A. Ebelini of Knott, Consoer, Ebelini, Hart & Swett, P.A., Fort Myers, for Appellants.

David K. Oaks of David K. Oaks, P.A., Punta Gorda, for Appellees.


KELLY, Judge.

Michael and Barbara Mickel appeal from a final judgment granting permanent injunctive relief to their neighbors, Robert and Mary Norton. We reverse.

This dispute arose when the Mickels installed a six-foot-high vinyl fence along the property line between their home and the Nortons' home. The Nortons sued the Mickels alleging the fence constituted a private nuisance and that it violated their "riparian and littoral rights" by obstructing their...

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